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Second Appeal Brief
PA ID# XXX-XXXXX; Point East Three Corporation, Inc.
PW ID# XXXX; Point East Three Condominium Corporation
FEMA-1609-DR-FL, Point East Three Condominium Corporation, Inc.
PNP Facility Eligibility; Deadline Extension
Hurricane Wilma stuck the Point East Three Condominium Corporation (Corporation) on or about October 25, 2005. The Corporation submitted a Request for Public Assistance (RPA) on December 13, 2005. After a review of the information provided in the application, FEMA determined that the Corporation did not own or operate a facility eligible for assistance under the Public Assistance (PA) Program and the Corporation submitted a late RPA.
In its first appeal, dated March 6, 2006, the Corporation contested the denial of the RPA, asserting that it was an eligible private non-profit facility. In addition, the Corporation states that they had been notified by a FEMA representative that the RPA submission deadline was extended through January 7, 2006, and that its December 13, 2005, RPA submittal was timely.
The Corporation’s first appeal was denied by Region IV on October 24, 2006. The Corporation was deemed ineligible for Public Assistance based on the fact that the Corporation does not own or operate an eligible PNP facility as defined under Title 44 Code of Federal Regulations (CFR), Section 206.221(e). Based on the documentation provided, the Corporation did not identify an extenuating circumstance as to why it submitted the RPA past the regulatory deadline as identified in 44 CFR§ 206.202(e)(f)(2).
On January 27, 2007, the Applicant submitted a second appeal. The information in the second appeal reiterates the Corporation’s argument from the first appeal. No additional documentation was provided to support the Corporation’s claim of eligibility nor did it demonstrate any extenuating circumstances that would justify a late RPA submittal.
(1) Did Point East submit a late RPA?
(2) Does Point East Three Condominium Corporation, Inc. own and operate an eligible PNP facility?
Section 102(9), Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5172, as amended; 44 CFR §206.221(e)(7)(f); FEMA Policy 9521.3 Private Nonprofit (PNP) Facility Eligibility; and Public Assistance Guide (FEMA 322, pages 10-15).